While the situation is getting better, the law still makes things more difficult for LGBT couples than for others. In many places an LGBT couple cannot get the legal recognition they need to properly care for each other as they get older and to leave their estate to their partner. Sometimes, it is not the law that stands in the way, but individuals who are opposed to same-sex relationships.

It is generally true that you might be able to use the services of a non-attorney for your important estate planning documents and end-of-life plans. But is it wise to do so? Absolutely not. Not only are people and companies who offer these services often breaking the law, they are also often not serving your best interests.

How many people not named Britney does it take to manage Britney Spears' affairs? It turns out that the answer might be two. Recently, a court approved her fiancé as a co-conservator in charge of her day-to-day affairs. Her father has been her conservator since 2008 and will also continue in that capacity.

If you are afraid of your family fighting over your estate in Probate Court, an estate planning attorney has ways to help alleviate that concern. The most important way for many people is to use a Revocable Living Trust, because the assets in the Trust do not have to go through the Probate process. However, you should be aware that a Revocable Living Trust does not stop all interfamily legal fights.

Receiving an unexpected inheritance can sometimes feel a lot like winning the lottery. Suddenly, you have assets that you did not plan on having. Before making plans to spend any of the inheritance, there are several reasons that you should visit with a probate attorney.

You often hear that you should ‘avoid probate’ when doing estate planning, but do you know why you would want property to avoid the probate process? Why does estate planning often involve avoiding probate?

A Supplemental Needs Trust, also known as a Special Needs Trust, is a specific legal Trust designed to benefit an individual who has a disability while retaining their need-based benefits. This can be a powerful estate planning tool for those who have loved ones that may experience a chronic illness or be physically or mentally challenged. We answer some of the most frequently asked questions regarding Supplemental Needs Trusts.

You often hear about the length and expense of probate, and some aspects of estate planning are aimed at avoiding probate. But why does probate take months, even years, to complete? Probate is the legal process that validates a will, if there is one, and administers the estate of a deceased. You often hear about the length and expense of probate, and some aspects of estate planning are aimed at avoiding probate.

Certainly you have heard about or read the reasons for avoiding probate, which is the legal process of ‘settling’ an estate. But were you aware of any benefits that probate may actually offer to some estates? Certainly you have heard about or read the reasons for avoiding probate, which is the legal process of ‘settling’ an estate.

A living trust is a powerful estate planning tool, and we discuss four reasons a family should consider using this tool within their estate plan. To review how a living trust works: A living trust is a legal arrangement that manages a person's property during their lifetime and distributes it according to their wishes upon their death.

Attorneys use many different terms in estate planning and they sometimes use terms without thoroughly explaining what everything means. For example, if you have a revocable living trust, an estate attorney might also suggest that you create a pour over Will. If you do not know what a pour over Will is, you are not alone.

No one wants to go through the probate process after a spouse dies, but there is an important reason that you shouldn't delay it. If you do not probate your deceased spouse's estate, then your children might have to after you pass away. In fact, they might need to probate both you and your spouse's estates at the same time.

Everyone should have an attorney draft a general durable power of attorney for them as part of their estate plan. If you do not have one, your loved ones may have to scramble to make sure that your interests are protected if you are incapacitated. This can cause needless delays and frustrations for you and your loved ones.

Planning for what will happen to your assets and property after you pass away is one of the most complicated and confusing legal decisions that most people ever have to make. The number of different estate plan options and documents can be overwhelming. Attorneys who specialize in estate planning can alleviate problems that you have in understanding all of the different options.

A lengthy probate battle can drain estate assets and leave beneficiaries without access to them until the matter is settled by the court. Although you may be under the impression that probate litigation is only for the rich and famous, rest assured it is not. In addition, you may be counting on the fact that you won’t be around to worry about it in the event a probate battle does come to pass.

Your Last Will and Testament creates the foundation for your estate plan.

Hollywood is always good for a great story about a money dispute involving someone famous. Actors, producers, authors, and agents are forever arguing about who gets how much of the millions they make each year. These stories rarely have any bearing to the average American’s life. Occasionally, however, a Hollywood story actually does hit home with the average American, as in the case of the recent death of legendary R&B, jazz, and blues singer Etta James.

Creating a will is the starting point of estate planning, but it certainly should not be the ending point. While there are several other documents that make up a comprehensive estate plan, we answer questions involving the most important document, the will.

The practice of elder law is an area of expertise that developed from the need of a growing population of senior citizens with specific legal issues. What can an elder law attorney do for you or a loved one? Elder law is a relative new area in the practice of law, arising from the need of a growing population of senior citizens with specific legal needs.

Despite its purpose, a will is a living document, meaning it should be updated or changed as situations warrant and life changes occur. In fact, even if circumstances do not change, a will should be reviewed every three to five years.

One aspect of estate planning involves disability planning, which is creating a contingency plan in case of incapacitation in later years. A living trust is one estate planning tool that can often be put to good use within a disability plan.

Estate planning for clients who are in their second marriage often presents some challenges that are not present where the clients are in their first marriage.Sorting through a confusing mix of what belongs to whom, and who gets what belonging to whom, can produce feelings of hurt and resentment.

When most people create their Last Will and Testament, they nominate a spouse, partner, child or parent as the executor of the Will without giving much thought to what the position of executor actually entails. However, once you understand the complex nature of the duties of an executor, you may decide to give a little more thought to the choice of the executor.

Given the typically high rate of both gift taxes and estate taxes, the grantor retained annuity trust, or GRAT, has become a popular estate planning option over recent years. Although the rules for a GRAT are complex and ever-changing, the basic concept is simple enough to understand.

The avoidance of estate taxes and the often costly and lengthy process known as probate, are two important goals of many estate plans. For those who have substantial assets that they anticipate leaving to family and loved ones, estate taxes are a prominent consideration when estate planning. Although the estate tax rate changes on a regular basis, it is typically extremely high -- often hovering around 50 percent.

Just as estate planning is important for your personal assets, succession planning is equally important for your business. Failing to create a comprehensive succession plan can leave your business in limbo upon your death or incapacity as well as potentially leave your loved ones without the benefit of the value of your interest in the business.

Whether your primary goal when planning your estate is financial security, avoidance of probate or limiting taxes, the estate planning process can be time consuming and complicated. No two estates are exactly the same; however, there are some basic steps that are typically involved in the estate planning process for all individuals. Understanding the process, and the steps involved, can make the process less complicated and more effective.

As some point in your life, you are likely to have an elderly loved one who is unable to fully care for himself or herself. As people in the United States live longer, the population of people over the age of 65 continues to increase. Many people now live into their 80s and 90s with a great deal of independence. Even those who are relatively independent, however, eventually need some type of assistance in most cases.

One of the biggest concerns for individuals and couples with a sizable estate is how to accomplish the transfer of assets upon death without incurring estate taxes.

When an individual dies, the assets owned by the decedent are often required to pass through a legal process known as probate.

Joint tenancy is a form of property ownership that comes to us from the common law of feudal England.

Choosing an Executor to handle your estate after you pass is difficult. It is tempting to name a spouse or family member – but do you know the responsibilities and duties of an Executor? An Executor is named within a will to administer an estate, and they will be tasked with several responsibilities during the probate process, which is the legal process that takes place in Probate Court that handles the administration of a deceased’s estate.

A trust is a powerful estate planning tool,and there is more than one way to create a trust,including…

Many parents with children under the age of 18 create a will to name a guardian for their children should both parents die unexpectedly. Although they name a personal guardian for their children, what about the financial aspect – particularly if their children inherit the parents property outright as well?

Most people know that the proceeds of a life insurance policy are generally free of income taxes. What many do not realize, however, is that life insurance proceeds are included in their estate for estate tax purposes.

Creating a will is one of the cornerstones of estate planning. Not only does it allow you to name the Executor for your estate, the guardian for your children and the plan for distribution of your property, but it can save money as well. How?

The death of a loved one can bring out either the best or the worst in families. Typically, it is not the major pieces of property that cause conflict, but the smaller sentimental pieces.

A living trust can be a powerful estate planning tool – it not only allows you to control the distribution of your property after you die, but it offers a mechanism to manage your property in the event of your incapacity.

Many of the clients we meet with have misinformation regarding gifting their property. When properly used, gifting can be a valuable estate planning tool.

Setting up a comprehensive estate plan is the key to easing the burden of passing on your estate to your spouse or loved one.

A trust is a valuable estate planning tool, but many don’t realize how their estate can benefit by creating a trust.

Many of the estate tax laws address property that is passed from one generation to the next, such as from a parent to a child.

One of the cornerstones of estate planning is creating a will, but a ‘do it yourself’ will kit may leave out a necessary provision within a will – the Residuary Clause.

Certainly estate planning is not a pleasant subject. No one likes to consider what life will be like for their family when they die. We discuss some of the most frequently heard excuses in putting off estate planning.

Creating a will is the cornerstone of estate planning – a will names a guardian for your minor children, names an executor for your estate and allows you to distribute your property. While wills are certainly critical, they are not the place for all of your estate planning directives.

If you have started the process of estate planning, you realize that a living trust can benefit many estate plans.

Leaving money to a special needs child through an outright inheritance can disqualify them for government benefits that they may need for their care. In fact, an inheritance of as little as $2,000 could have serious consequences for them and cause them an interruption in any public benefits they may be receiving.

A 2010 Indiana court ruling highlights the importance of working with an estate planning attorney who can create a customized estate plan to meet your specific needs.

One of the most important estate planning documents is a will – not only does it distribute your property when you die, but it names a guardian for your children and an executor for your estate.

Estate planning has changed over the past decade, and for the better. Estate Planning now takes a more holistic approach to the process, one that often includes life care planning.

Estate planning can not only distribute your property and ease the burden of your passing on your loved ones, but you can pass along your value system to your beneficiaries as well.

The duties of the Trustee of a trust, whether it is a living trust or a testamentary trust, surround those of any fiduciary relationship, and that means there is not only a moral and ethical responsibility, but a legal one as well.

For small business owners, estate planning needs to be a big deal.

Many people have heard of filing a Will Contest,but many people are not aware that Trusts may also be contested,modified,or even terminated.